IB 

Union Calendar No. 277 

116TH CONGRESS 

1ST SESSION H. R. 2647 

[Report No. 116–348] 

To adopt a certain California flammability standard as a Federal flammability 

standard to protect against the risk of upholstered furniture flammability, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Ms. MATSUI (for herself, Mr. GRIFFITH, Mr. RUSH, and Mr. CA ́RDENAS) introduced the following bill; which was referred to the Committee on Energy and Commerce 

DECEMBER 16, 2019 

Additional sponsors: Ms. SCHAKOWSKY, Mr. SOTO, Ms. ESHOO, Ms. KUSTER

of New Hampshire, Ms. NORTON, and Mr. KELLY of Mississippi 

DECEMBER 16, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS
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•HR 2647 RH

A BILL 

To adopt a certain California flammability standard as a 

Federal flammability standard to protect against the risk 

of upholstered furniture flammability, and for other purposes. 


kjohnson on DSK79L0C42 with BILLS
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•HR 2647 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Occupancy Fur5 niture Flammability Act’’ or ‘‘SOFFA’’. 

6 SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND7 ARD AS A FEDERAL STANDARD. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘bedding product’’ means— 

10 (A) an item that is used for sleeping or 

11 sleep-related purposes; or 

12 (B) any component or accessory with re13 spect to an item described in subparagraph (A), 

14 without regard to whether the component or ac15 cessory, as applicable, is used— 

16 (i) alone; or 

17 (ii) along with, or contained within, 

18 that item; 

19 (2) the term ‘‘California standard’’ means the 

20 standard set forth by the Bureau of Electronic and 

21 Appliance Repair, Home Furnishings and Thermal 

22 Insulation of the Department of Consumer Affairs of 

23 the State of California in Technical Bulletin 117– 

24 2013, entitled ‘‘Requirements, Test Procedure and 

25 Apparatus for Testing the Smolder Resistance of 


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1 Materials Used in Upholstered Furniture’’, originally 

2 published June 2013, as in effect on the date of en3 actment of this Act; 

4 (3) the terms ‘‘foundation’’ and ‘‘mattress’’ 

5 have the meanings given those terms in section 

6 1633.2 of title 16, Code of Federal Regulations, as 

7 in effect on the date of enactment of this Act; and 

8 (4) the term ‘‘upholstered furniture’’— 

9 (A) means an article of seating furniture 

10 that— 

11 (i) is intended for indoor use; 

12 (ii) is movable or stationary; 

13 (iii) is constructed with a contiguous 

14 upholstered— 

15 (I) seat; and 

16 (II)(aa) back; or 

17 (bb) arm; 

18 (iv) is— 

19 (I) made or sold with a cushion 

20 or pillow, without regard to whether 

21 that cushion or pillow, as applicable, 

22 is attached or detached with respect 

23 to the article of furniture; or 

24 (II) stuffed or filled, or able to be 

25 stuffed or filled, in whole or in part, 


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1 with any material, including a sub2 stance or material that is hidden or 

3 concealed by fabric or another cov4 ering, including a cushion or pillow 

5 belonging to, or forming a part of, the 

6 article of furniture; and 

7 (v) together with the structural units 

8 of the article of furniture, any filling mate9 rial, and the container and covering with 

10 respect to those structural units and that 

11 filling material, can be used as a support 

12 for the body of an individual, or the limbs 

13 and feet of an individual, when the indi14 vidual sits in an upright or reclining posi15 tion; 

16 (B) includes an article of furniture that is 

17 intended for use by a child; and 

18 (C) does not include— 

19 (i) a mattress; 

20 (ii) a foundation; 

21 (iii) any bedding product; or 

22 (iv) furniture that is used exclusively 

23 for the purpose of physical fitness and ex24 ercise. 

25 (b) ADOPTION OF STANDARD.— 


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1 (1) IN GENERAL.—Beginning on the date that 

2 is 180 days after the date of enactment of this Act, 

3 and except as provided in paragraph (2), the Cali4 fornia standard shall be considered to be a flamma5 bility standard promulgated by the Consumer Prod6 uct Safety Commission under section 4 of the Flam7 mable Fabrics Act (15 U.S.C. 1193). 

8 (2) TESTING AND CERTIFICATION.—A fabric, 

9 related material, or product to which the California 

10 standard applies as a result of paragraph (1) shall 

11 not be subject to section 14(a) of the Consumer 

12 Product Safety Act (15 U.S.C. 2063(a)). 

13 (c) PREEMPTION.— 

14 (1) IN GENERAL.—Notwithstanding section 16 

15 of the Flammable Fabrics Act (15 U.S.C. 1203) and 

16 section 231 of the Consumer Product Safety Im17 provement Act of 2008 (15 U.S.C. 2051 note), and 

18 except as provided in subparagraphs (B) and (C) of 

19 paragraph (2), no State or any political subdivision 

20 of a State may establish or continue in effect any 

21 provision of a flammability law, regulation, code, 

22 standard, or requirement that is designed to protect 

23 against the risk of occurrence of fire, or to slow or 

24 prevent the spread of fire, with respect to uphol25 stered furniture. 


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1 (2) PRESERVATION OF CERTAIN STATE LAW.— 

2 Nothing in this Act or the Flammable Fabrics Act 

3 (15 U.S.C. 1191 et seq.) may be construed to pre4 empt or otherwise affect— 

5 (A) any State or local law, regulation, 

6 code, standard, or requirement that— 

7 (i) concerns health risks associated 

8 with upholstered furniture; and 

9 (ii) is not designed to protect against 

10 the risk of occurrence of fire, or to slow or 

11 prevent the spread of fire, with respect to 

12 upholstered furniture; 

13 (B) sections 1374 through 1374.3 of title 

14 4, California Code of Regulations (except for 

15 subsections (b) and (c) of section 1374 of that 

16 title), as in effect on the date of enactment of 

17 this Act; or 

18 (C) the California standard. 


kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 277 

116TH CONGRESS 

1ST SESSION H. R. 2647 

[Report No. 116–348] 

A BILL 

To adopt a certain California flammability standard 

bility, and for other purposes. against the risk of upholstered furniture flammaas a Federal flammability standard to protect 

DECEMBER 16, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS